Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Ghana
An objection to the jurisdiction of the tribunal must be raised before proceedings on the merits commence. For the avoidance of doubt, an objection to the jurisdiction of the tribunal can be raised once the tribunal has been empanelled.

An objection to the jurisdiction of the tribunal can also be raised in the course of the proceedings if the tribunal exceeds its jurisdiction in the matter.

An objection to jurisdiction should be made at first instance to the tribunal, with a right to repeat the objection before the appointing authority or the court.

The decision of the appointing authority or the court on jurisdiction cannot be appealed, except with leave of the court.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Ghana
In consonance with the principle of kompetenz-kompetenz, the tribunal can rule on an objection to its jurisdiction.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Ghana
An objection to jurisdiction should be made at first instance to the tribunal, with a right to repeat the objection before the appointing authority or the court.

Such an application will be entertained by the court if:

  • it is made within seven days of the date of the tribunal’s ruling on jurisdiction; and
  • there is justification for the court to interfere with the ruling of the tribunal.
For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law